filing I485

Z

zyx2002

Registered Users (C)
Hi,

I expect my labor certification approval in by September 03. My h1 6 yr cap expires on April 30 2004. I am planning to get married in May - June 2004.

I have been told that it is best not to app for I485 till marriage.

If my labor gets approved by September end 2003 can I postpone my I485 filing till June end 2004. Also if I donot file I485 can there be problem in getting 7th yr H1 extension?
 
Nowadays I485 takes long long time (probably you already got that idea from most of the I-485 threads). So don't delay to file I485. I am pretty sure you are not going to get approved within one years after filing (unless you are in E1 category or E2 with substantial amount of industrial experience). You have enough time to get married. Only thing is that before get married, do not use your EAD (stay in H1) and AP to enter into country.
 
As long you are in valid H1 visa there should not be any problem for getting H4 for her (that's why I suggested not to use EAD and AP). But try to get her in your early stage of your extension. For example, if you apply for her H4 when you have only one or two months before your H1 extension expires, that may create problem (I am not sure though).

If getting H4 is a problem in your 7th year extension stage, there are some other avenues. Like, get married and then apply for consular processing (instead of I-485) . Add follow-to-join for your wife. In that case, your wife can come directly having green card (no need of H4).

Do some research, talk to lawyer and choose the best option fits you.
 
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